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Similar claim previously rejected by NEOC
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By MICHAEL CARNES
Of The Herald
A claim similar to the one that has been filed by a former police dispatcher against the City of Wayne was rejected last October by the Nebraska Equal Opportunity Commission.
Documents obtained by The Wayne Herald Thursday found that, on Oct. 6, 2010, the NEOC determined that allegations of discrimination made against the city by Katherine R. Lassila had no merit.
"The evidence fails to support the allegations of discrimination," the commission's determination, signed by Barbara Albers, stated.
An attachment to the decision noted that there was no reasonable cause of sex and disability discrimination, nor was there reasonable cause of retaliation.
"The evidence fails to show that the Complainant was discriminated against on the basis of sex or disability when she was allegedly subjected to harassment by co-workers and supervisors," the report stated. "While the alleged comments made to the Complainant may have been inappropriate, the evidence fails to show that the comments were sufficiently severe or pervasive to have created a hostile work environment based on sex or disability.
"Furthermore," the report added, "there is no evidence to support that Complainant complained of discrimination on the basis of sex or disability to her Supervisor or other officials."
In rejecting the retaliation claim, the report stated that there was no connection between a grievance she filed against Lt. Phil Shear less than 10 days before her termination, and the decision to terminate her.
"The evidence fails to show that the Complainant was retaliated against when she was discharged after filing a grievance against a Lieutenant to her direct Supervisor for comments the Lieutenant made about her mental state. While the evidence shows that the Complainant was terminated shortly after filing a grievance, there is no evidence to suggest a causal relationship between the Complainant's protected activity and termination.
"The Respondent provides documentation of complaints, memos regarding supervisors/trainers discussing Complainant's performance and documentation of Complainant's disciplinary probation to support the basis for her termination," the report added. "Additionally, a witness supports that the Complainant exhibited inappropriate work place behavior. Respondent has terminated other employees for the same or similar reasons as the Complainant."
Jennifer Petersen, an attorney with the Omaha law firm of Gross and Welch – Lassila's legal representation in the claim filed against the city – told the Herald Thursday her client has not authorized her to speak about the claim or the NEOC decision.
Documents obtained by The Wayne Herald Thursday found that, on Oct. 6, 2010, the NEOC determined that allegations of discrimination made against the city by Katherine R. Lassila had no merit.
"The evidence fails to support the allegations of discrimination," the commission's determination, signed by Barbara Albers, stated.
An attachment to the decision noted that there was no reasonable cause of sex and disability discrimination, nor was there reasonable cause of retaliation.
"The evidence fails to show that the Complainant was discriminated against on the basis of sex or disability when she was allegedly subjected to harassment by co-workers and supervisors," the report stated. "While the alleged comments made to the Complainant may have been inappropriate, the evidence fails to show that the comments were sufficiently severe or pervasive to have created a hostile work environment based on sex or disability.
"Furthermore," the report added, "there is no evidence to support that Complainant complained of discrimination on the basis of sex or disability to her Supervisor or other officials."
In rejecting the retaliation claim, the report stated that there was no connection between a grievance she filed against Lt. Phil Shear less than 10 days before her termination, and the decision to terminate her.
"The evidence fails to show that the Complainant was retaliated against when she was discharged after filing a grievance against a Lieutenant to her direct Supervisor for comments the Lieutenant made about her mental state. While the evidence shows that the Complainant was terminated shortly after filing a grievance, there is no evidence to suggest a causal relationship between the Complainant's protected activity and termination.
"The Respondent provides documentation of complaints, memos regarding supervisors/trainers discussing Complainant's performance and documentation of Complainant's disciplinary probation to support the basis for her termination," the report added. "Additionally, a witness supports that the Complainant exhibited inappropriate work place behavior. Respondent has terminated other employees for the same or similar reasons as the Complainant."
Jennifer Petersen, an attorney with the Omaha law firm of Gross and Welch – Lassila's legal representation in the claim filed against the city – told the Herald Thursday her client has not authorized her to speak about the claim or the NEOC decision.
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Steve Shear wrote on Apr 28, 2011 8:58 AM: